The National Agriculture Law Center

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On May 1, 2024, the Council on Environmental Quality (“CEQ”) released the final version of its Bipartisan Permitting Reform Implementation Rule, otherwise known as the Phase 2 National Environmental Policy Act (“NEPA”) rule. As the name suggests, the new final rule is the second part of CEQ’s rulemaking process to revise NEPA regulations. The process

The Environmental Protection Agency (“EPA”) has issued its highly anticipated final rule to designate two per—and polyfluoroalkyl substances (“PFAS”) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). By designating both perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as hazardous substances pursuant to CERCLA, EPA hopes to conduct timelier cleanup of

The United States Fish and Wildlife Service (“FWS”) have issued a final rule to update the implementing regulations for Section 10 of the Endangered Species Act (“ESA”). Section 10 of the ESA sets out various voluntary programs available to private landowners that allow participants to be exempted from certain ESA prohibitions in exchange for aiding

In 2024, the Securities and Exchange Commission (“SEC”) released a final rule on climate-related disclosures for business. Lawsuits challenging this rule were immediately filed in courts across six different jurisdictions. Additionally, in 2023, California passed two climate-related disclosure laws, and these laws are also being challenged. While the lawsuits are all slightly different, the plaintiffs

In February 2024, a group of Texas farmers filed a lawsuit against Synagro Technologies, Inc. (“Synagro”) for manufacturing and distributing a biosolids-based fertilizer that allegedly contaminated the plaintiffs’ properties with per- and polyfluoroalkyl substances, otherwise known as “PFAS.” According to the plaintiffs, the contamination has caused damage to their farming operations, and resulted in health

On February 28, 2024, the Corte Oreilles Lakes Association together with the Lac Courte Oreilles Band of the Lake Superior Chippewa filed a lawsuit against two cranberry farms for alleged Clean Water Act (“CWA”) violations. According to the plaintiffs, the defendant’s farms had been making unpermitted discharges of phosphorous into a waterbody protected by the

On February 6, 2024, a federal court in Arizona issued a ruling directing the Environmental Protection Agency (“EPA”) to vacate the 2020 registrations allowing over-the-top use of three dicamba-based pesticides, XtendiMax, Engenia, and Tavium. This marks the second time a court has ordered EPA to vacate a dicamba registration, following a ruling from the Ninth